onproperty development industry
Transcription
onproperty development industry
ON FRIDAY MARCH 20, 2015 PART 2 on property development industry > Property developer highlights and valuable market research information W ITH less than two weeks before the implementation of the 6% Goods and Services Tax (GST) that will replace the existing Sales and Service Tax, theSun shares valuable insights from C. H. Williams Talhar & Wong (WTW), along with information for the developer from the Royal Malaysian Customs Department (RMCD). PROPERTY DEVELOPER HIGHLIGHTS RMCD describes GST as a multistage tax on domestic consumption that is charged on all taxable supplies of goods and services in Malaysia, except those specifically exempted. It also states that in relation to real estate, GST will be charged for everything attached to it – on or below the surface – including the building, the trees and vegetation, plus other structures and objects in, over and under it. With that, GST will have an impact on both the developing firm and construction companies. Land that is exempted from GST includes that intended for agriculture, residential means (including residential houses such as link house, semidetached house, detached house, apartments or serviced apartments and condominiums), plus general purpose plots used as burial grounds/cemeteries, playgrounds and religious purposes. However, the supply of land and building that will be subjected to GST includes those for commercial, administrative and industrial purposes such as shop lots, offices, retail businesses, small-office-homeoffices (SoHo), small-officevirtual-offices (SoVo), smalloffice-flexible-offices (SoFo), factories, hotels, motels, inns, hostels and warehouses. Any lease, tenancy, easement, licence to occupy land or transfer of undivided share in land is considered a supply of services. Any transfer of the whole right of ownership in land, land under an agreement for the sale of such land, land under an agreement which expressly stipulates that the ownership of such land will pass at some time in the future, any interest under a Deed of Assignment or any strata title is categorised as supply of goods. Both are taxable under the GST. Taxable and exempt supplies for a developer come under the umbrella of supplies under the main development of which the developer charges his purchasers. A developer’s taxable supply is the sale of commercial buildings. His exempt supply would be the sale of residential housing. However, there are some administrative fees and charges that are subject to and exempt from GST. See RMCD website for details. An alternative would be for developers to attend the RMCD programme as per details shown here. A DIFFERENT PERSPECTIVE With all said, WTW interestingly puts a whole new perspective to the GST. It refers to it as a consumption tax applicable to monies spent, but that which “may encourage savings and discourage ostentatious purchasing”. It explains that “GST will widen the tax base, to ensure that even the person who had avoided paying income tax will end up paying towards taxes when he spends”. While some call it the “fairer tax”, others have various perceptions about this new charge levied by the government that will affect every industry. According to the report from WTW, this multi-stage taxation will set-out, starting from the supplier who provides raw materials to their customers (the contractors) and charge them the 6%. These contractors who provide construction services to the developer will also charge their client (the developer), the 6% as services are taxable under GST. With raw materials and construction services being standard-rated supplies, both supplier and contractor can claim rebates for 6% GST that is paid to the government for their purchases. The same works for commercial properties. However, for residential property sales, developers are NOT required to make GST payments. They are also NOT entitled to claim rebates. Consequently, all GST paid up to the residential development stage will be absorbed as part of development costs. Unfortunately for the house ROLE IN PROPERTY DEVELOPMENT negotiations can be discussed and established, leading to more buoyant property prices. In the long run, it looks as though the market on the whole will be more volatile and so much more interesting. RISING COSTS While each developer will have to decide whether to bear the GST costs or pass it on to the purchaser, here are some insights that give rise to the increased costs. Upon GST implementation, all types of construction services will be subjected to 6% GST. Moreover, additional costs will be incurred for construction, especially when non-taxable materials become taxable under GST or PRODUCT are likely to increase, but by less than 5% and the implementation of GST is not likely to have such a great impact. This is due to the fact that crude oil price has dropped since end 2014, resulting in a reduction in the price of several raw materials. The conclusion from the report: House prices may not move upwards even when GST kicks in. TYPE OF SUPPLY OUTPUT GST CLAIMABLE Raw material supplier Raw material Standard rated 6% Yes Contractor Construction service Standard rated 6% Yes Developer Residential Exempted n.a. No Commercial Standard rated 6% Yes Source: WTW Research purchaser, this cost can be passed on to them IF the developer decides to maintain his gross margins. Alternatively, GST costs can be partially absorbed if the developer decides to accept a lower gross margin and maintain a more competitive price. The essence about this flexibility is that Goods and Services Tax “Hand-holding Programme” for developers and contractors organised by Royal Malaysian Customs Department in Muar, Johor. Conditions: 1) Company has already registered and received GST ID. 2) Only TWO representatives from each company. 3) Application must be done online via https://docs.google.com/ forms/d/1cujkBFdRMdGkGCtp74P981jVFrdH9egH0he1wkpdqfQ/ viewform?c=0&w=1 Date : March 25, 2015 (WEDNESDAY) Time : 9am to 4pm Location : Hotel Pelangi Muar, No: 79, Jalan Sisi, 84000 Muar, Johor. taxable materials are charged a higher tax rate. According to WTW, significant impact is expected on structural elements and M&E (mechanical and electrical) works. Generally, total construction costs of high rise residentials is expected to increase by 3.97% once GST is implemented. Of the five main elements in construction (structural, architectural, finishes, services and M&E works), structural elements and M&E works will experience the highest hike of about 6% compared to the rest, of about 0.95%. Here are some examples of the five elements: structural - reinforced concrete framework, floor slabs and staircase, etc; architectural – roof, windows, doors, hand railing, etc; finishes – all finishes on ceiling, wall, flooring, staircase, external wall, etc; services – sanitary wares and fittings, etc; and M&E works – air-conditioning, fire protection, electrical and telephone services, lifts, etc. According to WTW’s report, construction and developer’s costs In all, the market is expected to slow down, if it hasn’t already, due to uncertainty. With this, we bring to mind the words of property guru Milan Doshi: “The best time to buy a property is usually when others fear to do so. That is the time when one can get good deals which normally don’t come by during better times. As long as you know the locations are good to invest in, you can secure good financing and can negotiate good deals. A smart investor should possess the know-how and the know - two main ingredients to be a good property buyer.” For those who have the know-how but not the know on GST and its influence on the market, it is best to accoutre oneself now. Follow our column next week to learn of the impact GST will have on the secondary house market. X Email your feedback and queries to: [email protected]